Is pronouncing the Talaq (divorce) of the person affected by Sihr (or possession) valid?
Of the most common types of Sihr that is used is the Sihr of Tafreeq, or the Sihr of separation.
This Sihr can be in different variants, such as a separation between 2 brothers, or 2 friends or a mother and her child, etc., but the most common is the separation between a man and his wife, as ALLAH the Exalted tells us in His Book.
Interpretation Surah Al-Baqarah verse 102:
"Thus they (the people) learn from them that by which they make a separation between a man and his wife, but they do not harm anyone except by Allah's command" ...
Ibn Kathir (may Allah have mercy on him) says about this verse:
“In other words, the people learned from Harut and Marut (the 2 Angels) about the knowledge of sihr and that which causes bad behavior (between the man and his wife), whereby they create a separation between the couple while they (the couple) have a united couple were, and this is from the works of the shaytan. "
(Al-Quran Al-'Aadhim 1 / 137)
And the shaytan causes the divorce through various ways, such as influencing the behavior of the couple, through ilusion, anger, no longer understanding each other but also, for example, by giving the man or woman a shortcoming in having intercourse, etc. All of these things will of course only have an effect if ALLAH allows it, but now a question for many of the people who have this type of Sihr, is the separation that results from this Sihr binding or not, because often people only express themselves after regret the divorce and see things more clearly and this causes many unpleasant situations. This is incidentally not only with Sihr but with almost all forms of possession in which the jinn takes over a person or heavily influenced their marriage
If we are going to answer this question with the will of ALLAH, then we must divide this into 3 parts:
Before doing this it must be understood that in Islam only the man has the right to pronounce the talaq (divorce), the woman has no right to talaq but to Khul ', this is it that the woman asks the man for divorce in exchange for a compensation, if the man agrees, the marriage is dissolved, we are not going to talk about this, but this is important to know for the rest of the subject.
The distribution of this issue:
- 1: If the man pronounces the divorce and he also knows what he has pronounced and what the consequences are of his ruling, then the divorce is valid, even though the divorce was the result of the Sihr and they suffered from it, but if So if he pronounces it and understands it and understands the consequences, then the divorce is valid.
- 2: If the man pronounces the divorce but he is not completely in control of this and does not really understand exactly what is going on because, for example, he is taken over by the jinn and speaks on his tongue, then the divorce is invalid .
Ibn Qudamah (may Allah have mercy on him) said:
"There is a consensus among scholars that the one who loses his mind without being stunned, or something similar to this, no separation takes place (after pronouncing it), and this was the opinion of Uthman and Ali and Sa'eed ibn Musayab and Al-Husain (may Allah be pleased with them all) and Al-Nakh'i and Al-Sha'bi and Ashaab Al-Ra-i.
And there is a concencus that when a man pronounces the divorce in his sleep then there is no divorce.
And it is confirmed from the words of the Prophet (peace be upon him) who said:
"The pen is lifted over 3, the sleeping one until he wakes up, the child until he reaches puberty and the insane (the one out of mind) until he gets his mind back" (Bukhari Kitaab Al-Talaq).
This is because the pronunciation; "End of possession (marriage) means that one needs to have one's mind, and it doesn't matter if one doesn't have one's mind because of insanity or because of fainting or because of sleep or because of drinking a medicine or because of being forced becoming alcoholic or drinking something that removes the mind, and therefore one does not know whether one has understanding or not, all this hinders the occurrence of the divorce and here is 1 opinion about it and it is not known that here a disagreement is over.
(Al-Mughni mukhtasar 10 / 345)
Shaych Al-Islam ibn Taymiyyah (may Allah have mercy on him) said:
“And from under the Sihr there is Sihr who leads a person not to understand what he is saying, and with this person there is no separation (if he pronounces it).
(Mukhtasar Fatawa ibn Taymiyyah page 544)
- 3: If the woman is the one affected by the Sihr whether this is Sihr of Illusion or the Sihr through which she is taken over by the jinn and because of these events the man pronounces the divorce, then the divorce is valid. But if the husband knows that his wife is in this state and has lost control and, for example, the wife asks the husband for khul every time (divorce with compensation) then the husband should not accept this knowing that it is not his wife who this is what he really wants, but if he nevertheless accepts it and perseveres, then the divorce is valid, because he is in the right mind.
Shaych Abdullah ibn Jibreen (May Allah have mercy on him) was asked the following:
Is the separation of the person affected by Sihr taking place or not?
He answered (may Allah have mercy on him):
“When the Sihr has the upper hand over the mind and as a result the person affected by the Sihr loses his mind, the separation does not take place (if this is pronounced), because a condition of the separation is that one means it as the statement of ALLAH the Exalted:
Interpretation Surah Surah Al-Baqarah verse 227:
"And if they decide to divorce, Allah is All-Hearing, All-Knowing."
And the one who loses his mind has no will or intention of his own, but when the divorce is proclaimed with understanding and knowledge of its consequences, then the divorce is valid, but when Sihr is applied to the husband of his wife divorce and hatred (through the Sihr) comes between them and the man finds no rest except after he pronounces the divorce as in the statement of Allah the Exalted:
Interpretation Surah Al-Baqarah verse 102:
"Thus they (the people) learn from them that by which they make a separation between a man and his wife, but they do not harm anyone except by Allah's command" ...
Then what becomes clear from this is that there is no separation because he is forced
to do this is without his will, and ALLAH knows best.
(Written Fatawa Shaych in Jibreen 24 Sha'baan 1418)
It is for these reasons that one must always restrain itself when it comes to a dispute in marriage and not react too quickly in anger and control one's anger, for this is also an order of the Prophet peace be upon him.
Furthermore, and this applies to all matters relating to the Islamic legal system, if 1 prevents these situations from a divorce in which people are affected by Sihr or are possessed that they present their case to a person who understands these matters, normally is this an Islamic court that must then go over it, but because most of us live in countries where these courts do not exist, it is important to see if there are people of knowledge who can give their opinion on this kind of case, important is then to go to someone who knows Sihr and possession and not someone who denies these things (possession).
What is then important is to explain exactly what the state was at the time the divorce was pronounced and not to lie about it, such as saying that they had no control over their verdict while this was the case, because the person The case will judge this on the basis of the information provided, but if a divorce is binding, one cannot lie about it and continue to marry while living in ALLAH in Zinaa.
One final point about this type of issue, we will shortly come up with an article about marriage and the problems that can occur with it, but briefly the following.
A message to the "men".
We often come across sisters who contact us for help in handling their possessions, etc. These are both married and unmarried sisters. This message is addressed to the "men" and I put it in quotation marks because I no longer call some men.
We are contacted by your wives, sisters, aunts, mothers, daughters and nieces who are sick and affected by sihr and possession, etc., when we then want to help them and make an appointment for a roqyah treatment then it is a requirement than them have a mahram during treatment, very often it happens that the sisters do not get any help from their mahaarim, they do not believe in it or think it is exaggerated and they should go to a psychologist and take anti-depressants or they are too busy with works etc, etc.
Wallahi when a sister does not get help from her mahram, he is not a man in our eyes, a man is a person who has gheerah for his sisters and who would just like to be there and help his sisters, you push your sisters to wizards and perverts, because the complaints do not stop because of your refusal, they only get worse and the shayateen make use of this, Alhamdulilah there are enough brothers who assist their wives, mothers, sisters, daughters etc. and use their time to help them.
Read on our site:
https://www.soennah-dokter.nl/de-talaq-van-degene-die-is-geraakt-met-sihrof-bezetenheid/